Regina v Brian Armstrong [2007] NSWDC 359

New South Wales District Court

CITATION: Regina v Brian Armstrong [2007] NSWDC 359

JUDGMENT DATE: 12 October 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Sentenced to imprisonment for 5 years with a non-parole period of 2 years and 6 months.

CATCHWORDS: Criminal law - Sentence - Aggravated break and enter and commit serious indictable offence (AOABH) - 50 year old offender - First time in custody - Plea of guilty at earliest opportunity - Standard non-parole period - Remorse - Special circumstances

LEGISLATION CITED: s112(2) Crimes Act 1900 s21A Crimes (Sentencing Procedure) Act 1999

PARTIES: Regina Brian Armstrong

FILE NUMBER(S): 07/51/0100

SOLICITORS: Ms Mudge for the NSW DPP Mr Hegney for the offender

SENTENCE

1. Brian Armstrong is before me for sentencing. He committed a serious crime. The crime he committed was contrary to s 112(2) of the Crimes Act 1900 . It is called aggravated break and enter and commit serious indictable offence.

2. The particulars of the charge are that on 17 January 2007 he broke and entered a dwelling house of Charles Kennedy. Then he committed a serious indictable offence, namely assaulting Charles Kennedy and causing him actual bodily harm. This crime was committed in circumstances of aggravation in that Brian Armstrong knew that there was someone in the house at the time that he broke in. Mr Armstrong has pleaded guilty before a magistrate and he confirmed that plea today before me.

3. The first thing is to note and record briefly what happened in this case. On 17 January 2007 Mr Armstrong went to Mr Kennedy's house in Tenterfield. He went there to collect money that was owing to him. He went with a friend. When they arrived at Mr Kennedy's house, Mr Armstrong drove in and parked near the garage. He was warned by his companion not to do anything wrong. He did not heed that warning. He got out, went to the back of the house and pulled the screen door open, using enough force to make one of the hinges come away. Mr Armstrong gave evidence before me, and I accept, that the screen door may have been old. But nevertheless he pulled it with sufficient force for one of the hinges to come away. He then walked into the house. He grabbed Mr Kennedy by the shirt and pulled him outside. Mr Kennedy said " I don't have any money, all I have is fifty dollars in my bank and that has to last me till next week ". Mr Armstrong's response was " Well fucking get it ".